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Terms of service

Drop Shipped
Item is shipped directly from the manufacturer. Since delivery times may vary, please ask our representatives for details when placing your order.

Refrigerated Shipment
Any item requiring refrigeration may be shipped separately from the rest of your order. Items are shipped on ice Monday through Wednesday only, and will arrive in two business days. Add Six Dollars and Ninety-Five Cents ($6.95) per order to cover additional handling. Refrigerated items cannot be returned.

Hazardous Materials
The Department of Transportation has determined that this item requires special handling. Hazardous material charges are the responsibility of Customer and will be added to Customer's invoice. Please see important information in the Returns Section.


Licensure/DEA Required
In order to ship prescription drugs and devices and other controlled substances to you, a copy of your current medical license and DEA License must be on file with Supplier.

Warranty
The warranties (if any) on the Products sold hereunder that are not sold under the label or trademarks of Krueger (“Krueger-labeled Products”) are only those of the manufacturer, assembler or packager of the Product, as stated in any warranty accompanying such Products, and Supplier makes no warranty, express or implied, with respect thereto. With respect to the Krueger-labeled Products, Krueger warrants, solely for the benefit of Customer for a period of twelve (12) months from the date of purchase by Customer, that such Krueger-labeled Products, shall be free in material respects from defects in materials and workmanship. As Customer’s sole and exclusive remedy in the event of a breach of this warranty, Krueger shall repair or replace, at its option, free of charge, any Krueger-labeled Product which is proved to the satisfaction of Krueger to breach this warranty. Krueger shall have the sole right to specify the manner in which, and the person by whom, repair of Krueger-labeled Products is to be carried out.

THIS WARRANTY IS SUBJECT TO THE FOLLOWING PROVISIONS:

a. The defective Krueger-labeled Product must be returned freight prepaid to Krueger in accordance with these terms and conditions and will, in the event of replacement, become the property of Krueger.
b. The warranty does not include the costs of removal of the defective Krueger-labeled Product.
c. The warranty is expressly contingent (and shall otherwise be void) upon use of the Krueger-labeled Products strictly in accordance with any directions and information accompanying such Krueger-labeled Products and without misuse, damage, alteration, or modification thereto.
d. The warranty is given by Krueger solely with respect to Krueger-labeled Products.

DISCLAIMER
THE PROVISIONS OF SECTION 4 ARE Krueger’S SOLE OBLIGATION AND EXCLUDE ALL OTHER REMEDIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN OR OTHERWISE KNOWN TO Krueger. Krueger FURTHER DISCLAIMS ANY RESPONSIBILITY WHATSOEVER TO CUSTOMER OR TO ANY OTHER PERSON FOR INJURY TO PERSON OR DAMAGE TO OR LOSS OF PROPERTY OR VALUE CAUSED BY ANY PRODUCT THAT HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT; OR MISAPPLIED; OR MODIFIED OR REPAIRED BY UNAUTHORIZED PERSONS; OR IMPROPERLY INSTALLED.

Damaged Goods
All deliveries should be inspected for shipping damage before accepting delivery. If damage has occurred, Customer should note the extent of the damage on the freight bill and contact Krueger immediately. Claims for loss or damage in transit must be entered and prosecuted by Customer. Krueger’s responsibility for loss or damage ceases when the products are accepted by the carrier. In no event will Krueger be held liable for any damages or expenses caused by delay in delivery.

Inspection/Returns; Shortages
Customer shall have five (5) days from the date of delivery to inspect the Products and to reject any or all Products which are defective or nonconforming.  Products rejected shall be promptly returned to Krueger at Krueger’s expense; provided, however such Products are returned no later than forty-five (45) days from invoice date.  Credit will be given for incorrectly shipped, damaged, or defective products.  In no event will Krueger consider claims for damage or errors in shipment unless notice of such claims are transmitted to Krueger within  five (5) days after receipt of the allegedly damaged goods together with documentation substantiating the claim and unless made with the freight carrier in accordance with such carrier’s policies and procedures.  All return freight charges for Products that are deemed to be not defective or nonconforming are the responsibility of Customer. All Product shortages must be reported to Krueger’s Customer Relations department at 800.234.1464, within five (5) days of invoice date. The following Products have return restrictions or are not returnable and Customer should contact Krueger’s Customer Relations for further information:

• All Rx returns must be requested by customers and approved by Customer Service within 7 days of invoice and the product returned to us within 15 days accompanied by a signed Prescription Drug Return Form.
• All over-the-counter and prescription medications that don’t meet date requirements must be reported within five (5) days of receipt and will then be verified through warehouse for stocked merchandise dating.
• Controlled Substances
• Diagnostic Test Kits
• Discontinued Products
• Drop Shipped or Special Order Products shipped from manufacturer
• Expired Products
• Hazardous/ORM Materials – call for details
• Items Shipped on Ice or Dry Ice
• Opened or Defaced Products
• Used Instruments
• Oxygen Tanks

Exclusive Remedy
As Preferred Customer's exclusive remedy for any defect or nonconformity in the Product (referred to hereinafter as “Affected Products”), Supplier shall, in its sole discretion, either: (i) replace the Affected Product containing such defect or nonconformity; (ii) refund the price paid by Preferred Customer for the Affected Products; or (iii) credit Preferred Customer’s accounts for the amount paid by Preferred Customer for the Affected Product. In furtherance of such undertaking, if Preferred Customer reasonably believes that any Product contains a defect or nonconformity for which Supplier is responsible, Preferred Customer shall inform Supplier of the nature of such defect or nonconformity in reasonable detail and shall request authorization from Supplier to return the Affected Products to Supplier or Supplier’s source for repair or replacement. All Products so returned shall be shipped as so authorized, postage prepaid to Supplier's facility or such other source specified by Supplier.

Limitation of Actions
No action, regardless of form, arising out of these terms and conditions may be commenced more than one (1) year after the cause of action has occurred, except an action for nonpayment.

Limitation of Liability
IN NO EVENT SHALL Krueger BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) FROM ANY CAUSE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY UNAVAILABILITY OF, DEFECT IN, OR MISSHIPMENT OF PRODUCTS, REGARDLESS OF WHETHER SUPPLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIM OR DEMAND. Krueger’S LIABILITY ON ANY CLAIM FOR LOSS, COST, DAMAGE, EXPENSE OR OTHER LIABILITY ARISING OUT OF OR CONNECTED WITH THESE TERMS AND CONDITIONS, OR ANY OBLIGATION RESULTING THEREFROM, OR THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, SERVICE, OR USE OF ANY PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS LIABILITY ARISING FROM BREACH OF CONTRACT) SHALL IN NO CASE EXCEED THE PRICE OF SUCH PRODUCTS INVOLVED IN SUCH CLAIM.

Product Changes
Factors beyond Krueger’s control and the need for continuing improvements of Products require the making of changes in Products from time to time. Krueger reserves the right to make reasonable changes in Products of any kind without notice, and to deliver revised versions of Products against any order, unless this right is specifically waived by it in writing. Krueger shall have no responsibility whatsoever with respect to the changes made by the manufacturer of Products sold by but not manufactured by Krueger and Customer acknowledges that such Products are subject to change at any time and from time to time.

Force Majeure
Neither party shall be responsible for non-performance or delays due to any causes beyond such party’s reasonable control, including but not limited to Acts of God, delays of vendors or carriers, strikes, terrorism, floods, fire, acts or demands of any government or governmental or regulatory agency or otherwise. Any party seeking to excuse or delay performance under this Section 12 will provide detailed written notice to the other party of the nature and anticipated duration of the delay. Any such delay shall effect a corresponding extension of Krueger’s estimated delivery date.

Governing Law; Consent of Jurisdiction
These terms and conditions are governed by the laws of the State of Connecticut, U.S.A. (without regard to its conflicts of laws). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions and the sale of the Products hereunder. Customer hereby consents to the jurisdiction of the federal and state courts located in the State of Connecticut in connection with any dispute that may arise hereunder, and Customer herby waives any objections it may have to the jurisdiction or venue of the Connecticut courts.

Patent Infringement
In the event any Product hereby sold is used by the Customer in a manner causing unauthorized patent infringement, Customer shall hold harmless and indemnify Krueger as to any and all damages and costs for which Krueger may become liable because charged with contributing to or inducing such infringement.

Government Contracts
Krueger shall not be bound by the terms of any government contracts to which Customer may be a party.

Amendments, Reschedule, Additional Quantities
These terms and conditions may be amended only by a subsequent writing that specifically refers to these terms and conditions and that is signed by both parties. All of the terms herein shall apply to additional quantities of Products ordered by Customer, except to the extent those additional quantities are covered by a new written signed agreement.

Export Sales
Not withstanding anything stated above to the contrary, Products intended for shipment to destinations other than the contiguous United States (“Export Sales”) shall be governed by the following additional terms and conditions which shall control in the event of a conflict. Shipments will be made by Krueger only to: (i) a United States location; (ii) Customer’s domestic United States freight forwarder; or (iii) F.O.B. United States port of export. Customer agrees that Krueger will not be a party to the exportation of the goods, that any Export Sales transaction(s) represented by this order will be consummated prior to exportation, and that Customer will neither cause nor permit Krueger’s name to be shown as Exporter of Record on any United States export documentation. Customer freight forwarder must provide all required export paperwork, documents, approvals and clearance necessary for export of Products from the United States. All billings and payments for Export Sales shall be made in United States dollars. All orders for Products involving Export Sales must be pre-paid by bank or cashier’s check drawn on a United States bank or by credit card. No letters of credit will be accepted as a form of payment. Krueger shall be entitled to any duty drawback claims applicable to export sales and upon request and where applicable, Customer will provide to Krueger U.S. Customs Form 7543 entitled “Certificate of Delivery” properly executed.

Reporting of Discounts, Rebates or Other Price Reduction Programs
CUSTOMER SHALL BE RESPONSIBLE FOR REPORTING ALL PRICES, DISCOUNTS, AND REBATES TO REIMBURSING AGENCIES TO THE EXTENT REQUIRED BY LAW OR REGULATION, INCLUDING MEDICARE AND MEDICAID, AND OTHER ENTITIES, MAINTAINING RECORDS THEREOF, AND PROVIDING INFORMATION TO REIMBURSING AGENCIES, IN ACCORDANCE WITH ALL APPLICABLE LAWS. ANY PRICE REDUCTIONS OR DISCOUNT PROGRAMS DESCRIBED IN THE INVOICE ARE INTENDED TO BE A DISCOUNT WITHIN THE MEANING OF APPLICABLE FEDERAL AND STATE ANTI-KICKBACK LAWS, INCLUDING, 42 U.S.C. 1320A-7B(B) AND THE DISCOUNT SAFE HARBOR PROMULGATED THEREUNDER AND CURRENTLY FOUND AT 42 C.F.R. 1001.952(H). CUSTOMER UNDERSTANDS THAT THE INVOICE MAY NOT REFLECT THE NET COST OF A PRODUCT DUE TO A REBATE OR OTHER DISCOUNT PROGRAM. CUSTOMER REPRESENTS AND WARRANTS THAT IT WILL SATISFY ANY AND ALL REQUIREMENTS IMPOSED ON BUYERS, INCLUDING WHEN REQUIRED BY LAW, THE REQUIREMENT TO ACCURATELY REPORT, OR MAKE AVAILABLE UPON REQUEST BY A FEDERAL OR STATE HEALTH CARE PROGRAM, THE NET COST ACTUALLY PAID BY SUCH CUSTOMER FOR THE PRODUCTS AND SERVICES COVERED BY THE INVOICE. FOR PURPOSES OF COST REPORTING REQUIREMENTS UNDER A FEDERAL OR STATE PROGRAM WHICH PROVIDES COST BASED REIMBURSEMENT, CUSTOMER UNDERSTANDS THAT ANY SUCH DISCOUNTS, INCLUDING REBATES, SHOULD BE PROPERLY ALLOCATED ON A UNIT BASIS SO AS TO REPORT A NET SALE PRICE THAT ACCURATELY REFLECTS THE TOTAL AMOUNT OF THE DISCOUNT RECEIVED. CUSTOMER MAY REQUEST INFORMATION FROM SUPPLIER IN ORDER TO MEET CUSTOMER’S REPORTING OR DISCLOSURE OBLIGATIONS BY CONTACTING SUPPLIER IN WRITING AT THE FOLLOWING ADDRESS: 1690 NEW BRITAIN AVENUE, FARMINGTON, CONNECTICUT 06032.

Entire Agreement
These terms and conditions, together with any agreement signed by Krueger that these terms and conditions are attached to is the complete and exclusive statement of agreement between Krueger and Customer and supersede all prior understandings and other communications between the parties relating to the Products. These terms and conditions are subject to change without prior notice. Not responsible for typographical errors. Rev. 12/09.

Mail Preference Service
Occasionally, we may make a portion of our mailing list available to organizations whose products or activities we think may be of interest to our customers. If you do not wish to receive these mailings, please copy your mailing label exactly as it appears on the back of this publication and mail to: Krueger Medical LLC,  Attn: List Manager, P.O. Box 4066, Farmington, CT 06034-4066.

If you do not wish to receive these mailings, please copy your mailing label exactly as it appears on the back of the publication and mail to: Krueger Medical LLC,  Attn: List Manager, P.O. Box 4066, Farmington, CT 06034-4066.

Please help us conserve our natural resources. If you are receiving more than one copy of the same publication, please send us all the mailing labels and indicate which one is correct.

Operating in Oklahoma as Krueger Medical McKesson LLC.

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